BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Amarjeet Singh Sidhu, son of S.Baljittar Singh Sidhu, r/o House No.111, Sector 10-A, Chandigarh.

…..Complainant

                                      V E R S U S

Reliance World, SCO No.24-25, Sector 9-D, Chandigarh.

                                                ……Opposite Party

CORAM:     SH.P.D.GOEL                                    PRESIDENT

                   SH.RAJINDER SINGH GILL               MEMBER

Argued by:    Complainant in person.

                        OP – Exparte.

PER P.D.GOEL,PRESIDENT

1.                Briefly stated, the facts of the case are that the complainant purchased one mobile of Micromax E-360 from the OP on 01.10.2011 for Rs.4,099/-. As per the complainant, on 2.10.2011, he put the mobile set on charge but it did not function. The complainant met the OP on 3.10.2011, who advised him to visit M/s Subhash Goyal & Sons, SCO No.317, Sector 40-D, Chandigarh. The complainant went there but its salesman told that the service centre of Micromax had been shifted. The complainant sent a letter dated 4.10.2011 through Regd. Post to the OP for replacement of his mobile. The complainant also visited the office of OP and one Mr.Jatin took the mobile set and the original bill from him and told that the mobile would be replaced but on 13.10.2011 the OP refused to replace the mobile set.  On 14.10.2011 the complainant sent another registered letter to the OP. It is further the case of the complainant that Mr.Jatin told that defective part of the mobile set has been changed and returned the documents and the mobile set to him. That on 18.10.2011, the mobile set again stopped functioning. The complainant again sent a registered letter dated 19.10.2011 to the OP but all in vain. Hence, this complaint.

2.                OP did not appear despite due service as such it was proceeded against exparte vide order dated 20.12.2011.

3.                The complainant led evidence in support of his contentions.

4.                We have heard the complainant in person and have also perused the record.

5.                The averments made in the complaint, as reproduced above in para No.1 of the order, stands corroborated from the affidavit of the complainant, as well as the Annexures C-1 to C-6.  Annexure C-1 is the copy of the invoice  No.1300828394 dated 01.10.2011. From this document, it is proved that the Micromax E-360 was purchased by the complainant for a sum of Rs.4,099/- from the OP.  Annexure C-2 is the copy of handwritten address of Subhash Goyal & Sons, SCO No.317, Sector 40-D, Chandigarh. Annexure C-3 is the copy of registered letter dated 4.10.2011 sent to the OP for replacement of his mobile set. Annexure C-4 is the copy of the invoice dated 1.10.2011 on which Mr.Jatin, employee of the OP wrote that “Received Handset with bill to send it to Service Centre”. From this document, it is proved that on 4.10.2011 Mr.Jatin received the mobile set with bill from the complainant and sent it to the service centre. Annexure C-5 is the copy of registered letter dated 14.10.2011. Annexure C-6 is the copy of registered letter dated 19.10.2011.

 6.               The allegations made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of the OP to contest the case. Non-replacing of the defective mobile set or refund of the amount, despite repeated requests of the complainant amounts to deficiency in service on the part of the OPs. 

7.                As a result of the above discussion, the complaint is exparte allowed and the OP is directed to replace the mobile set in question of the complainant with same make and model, failing which, to refund Rs.4099/- being the price of the mobile set to the complainant along with interest @ 9% p.a. from the date of filing of the complaint till its realization. The OP is also directed to pay Rs.2500/- to the complainant as compensation for mental agony and harassment and costs of litigation. This order be complied with by the OP within one month from the date of receipt of certified copy of the order.

8.                Certified copies of this order be sent to the parties free of charge. The file be consigned.